The State of Texas v. Roberto Garza Rodriguez--Appeal from County Court of Starr County

No. 04-00-00317-CR
The STATE of Texas,
Appellant
v.
Roberto Garza RODRIGUEZ,
Appellee
From the County Court at Law, Starr County, Texas
Trial Court No. CR-95-556
Honorable Jesus M. "Chuy" Alvarez, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Sarah B. Duncan, Justice

Delivered and Filed: May 16, 2001

REVERSED AND REMANDED

The State of Texas appeals the dismissal with prejudice of the complaint and information charging Roberto Garza Rodriguez with unlawful carrying of a weapon. When the case was called to trial, Rodriguez announced ready. The State moved for a continuance, which the court denied. The court then dismissed the case sua sponte, and the State appealed. Unless requested by the State, a trial court may not dismiss a case, except when authorized by constitutional, statutory, or common law. See State v. Terrazas, 962 S.W.2d 38, 41 (Tex. Crim. App. 1998). None of the circumstances under which a trial court may dismiss a case are present here. We therefore reverse the trial court's judgment and remand the cause for further proceedings.

Sarah B. Duncan, Justice

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